# Dividing marital property in a Georgian divorce Property acquired during marriage is usually joint — even if registered in one spouse's name. We help divide it fairly — by agreement or in court. - Confidential - Georgian · English · Russian - Free first consultation - Courts of all instances Under Article 1158 of the Civil Code, property acquired during marriage is the spouses' joint property unless a marriage contract says otherwise — even if one spouse looked after the home and children and had no income of their own. On division the shares are equal unless agreed otherwise. Separate property is what each spouse owned before marriage and what they received during it by inheritance or gift. But if its value grew significantly through joint spending during the marriage — for example, a flat was renovated or construction completed — a court may treat it as joint. ## What a court considers - It can depart from equal shares in the interests of minor children or of one spouse — for example, if the children live with them or they can't work - The share of a spouse who spent joint property against the family's interests can be reduced - Items needed for one spouse's profession go to that spouse - If one spouse gets more than their share, the other receives money or other compensation - Joint debts — a mortgage, for example — are split in proportion to the shares ## The deadline A 3-year limitation period applies to claims by divorced spouses to divide joint property. Property can also be divided during the marriage. These rules apply to registered marriage. For couples living together without registration, disputes over property bought together are decided differently — by proving each person's contribution. ## Our services - Separating joint and personal property - Dividing a flat, land, a car or a business share - Splitting joint debts and the mortgage - Drafting a property division agreement - Lawsuit to divide property - Drafting a marriage contract ## Questions & answers ### The flat is in my spouse's name — is it still joint? If it was bought during the marriage, yes — whoever it's registered to, unless a marriage contract says otherwise. ### Is a flat bought before marriage divided? Usually not — it's personal property. But if its value grew significantly through joint spending during the marriage (renovation, completing construction), a court may treat it as joint. ### How long do I have to ask for division? After divorce the limitation period is 3 years. When it starts running can be disputed, so don't delay. ### Who pays the mortgage after division? Joint debts are split between the spouses in proportion to their shares of joint property. With the bank, though, the loan contract still applies — so this needs to be settled separately in the agreement or lawsuit. ## Legal basis - [Civil Code of Georgia](https://matsne.gov.ge/ka/document/view/31702) - [Civil Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/29962) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. ## Related topics - [#Family & children](https://mmlaw.ge/en/family-lawyer/) - [#Property](https://mmlaw.ge/en/real-estate-lawyer/) - [#Court cases](https://mmlaw.ge/en/civil-litigation-lawyer/) - - [Family and divorce lawyer](https://mmlaw.ge/en/family-lawyer/) - - [Divorce in Georgia: civil registry or court?](https://mmlaw.ge/en/blog/divorce-in-georgia/) - - [Establishing paternity in court](https://mmlaw.ge/en/establishing-paternity/) - - [Civil litigation lawyer](https://mmlaw.ge/en/civil-litigation-lawyer/) - - [Inheritance lawyer](https://mmlaw.ge/en/inheritance-lawyer/) - - [Legal help for Georgians living abroad](https://mmlaw.ge/en/georgians-abroad/) - - [Child support (alimony) in Georgia: how the amount is set](https://mmlaw.ge/en/blog/alimony-in-georgia/) - - [Recognising a foreign court decision in Georgia](https://mmlaw.ge/en/blog/recognition-of-foreign-judgments-georgia/) Practice areas ## Other practice areas - [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/) — Defense at every stage — from investigation and arrest to trial and appeal. - [Drug offences](https://mmlaw.ge/en/drug-crime-lawyer/) — Defence in cases of buying, possessing, selling and importing drugs — and against fines and administrative detention. - [Cybercrime](https://mmlaw.ge/en/cybercrime-lawyer/) — Defense in cybercrime cases and help for victims of online fraud, hacked accounts and blackmail. - [Property crimes](https://mmlaw.ge/en/property-crime-lawyer/) — Defence in theft, robbery, fraud, extortion, embezzlement and misappropriation cases. - [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) — Defence against tax evasion, money laundering, customs and other economic charges. - [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) — Defence in bribery, trading in influence and abuse of official power cases. - [Violent crimes](https://mmlaw.ge/en/violent-crime-lawyer/) — Defence in assault, bodily injury, threats and homicide cases — including self-defence. - [Juvenile justice](https://mmlaw.ge/en/juvenile-justice-lawyer/) — Specialised representation of minors, focused on their rights and future. - [Civil litigation](https://mmlaw.ge/en/civil-litigation-lawyer/) — Contract, property and damages disputes — negotiated or argued in court. - [Administrative law](https://mmlaw.ge/en/administrative-law-lawyer/) — Challenging decisions of public bodies, fines, permits and licences. - [Labor disputes](https://mmlaw.ge/en/employment-lawyer/) — Unlawful dismissal, unpaid wages and employment contracts — for employees and employers. - [Corporate law](https://mmlaw.ge/en/corporate-lawyer/) — Company formation, contracts, compliance and shareholder matters. - [Real estate](https://mmlaw.ge/en/real-estate-lawyer/) — Due diligence, purchase agreements, registration and property disputes. - [Family law](https://mmlaw.ge/en/family-lawyer/) — Divorce, custody, alimony and division of property — handled with discretion. - [Inheritance](https://mmlaw.ge/en/inheritance-lawyer/) — Accepting an inheritance, the certificate of inheritance, wills and disputes between heirs. - [Intellectual property](https://mmlaw.ge/en/intellectual-property-lawyer/) — Trademarks, copyright and protection of your creative and business assets. --- Source: https://mmlaw.ge/en/marital-property-division/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge